Tag: contractual construction
Showing 108 out of 167 results
US Sanctions and the right of borrowers to withhold repayment: Commercial Court signals return to orthodoxy
Commercial Court considers impact of force majeure clause on repayment obligation in sale of goods contract
In a decision earlier this year, the Commercial Court considered the impact of a force majeure clause on a repayment obligation in a contract for the …
Commercial Court grants declaratory relief to bank relating to its rights under the 1992 ISDA Master Agreement
Court of Appeal upholds High Court’s decision on the preferred contractual construction of a term in an exclusion clause
The Court of Appeal has upheld the High Court’s decision on a claim involving the legal meaning of ‘goodwill’ and the contractual construction of an …
High Court refuses to strike out Quincecare duty claim against a PSP where its customer was hijacked by fraudsters
High Court considers Quincecare and dishonest assistance claims against bank in context of Ponzi scheme
Judgment handed down in FCA’s COVID-19 business interruption insurance test case
The High Court has today handed down judgment in the COVID-19 Business Interruption insurance test case of The Financial Conduct Authority v Arch …
High Court finds proceedings properly served on process agent appointed by lender under credit agreement
Court of Appeal upholds High Court decision to grant summary judgment in FX de-pegging case
The Court of Appeal has upheld the High Court’s decision to grant summary judgment in favour of a bank defending a claim brought by a foreign exchange …
High Court refuses to grant summary judgment based on contractual interpretation of Argentinian government bonds
The High Court’s recent judgment in Palladian Partners LP & Ors v The Republic of Argentina & Anor [2020] EWHC 1946 (Comm) is an …
High Court finds no duty of care owed for late execution of orders due to unforeseen market turbulence
The High Court has dismissed a claim brought by an investment company against a foreign exchange trading platform seeking to recover losses it suffered …
Court of Appeal confirms borrower’s right to withhold payment under English law Tier 2 Capital facility agreement where risk of US secondary sanctions
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